[Gnso-newgtld-wg] Closed Generics / Creation of Sub-group

Thu Aug 22 14:59:07 UTC 2019

Please add me to the "closed generics discussion list":
alexander at schubert.berlin <mailto:alexander at schubert.berlin> 

From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf
Of Jeff Neuman
Sent: Donnerstag, 22. August 2019 17:41
To: gnso-newgtld-wg at icann.org
Subject: [Gnso-newgtld-wg] Closed Generics / Creation of Sub-group

All,

Thanks for the great discussion on Closed Generics earlier today/yesterday.
For those that were not able to be on the call, I highly recommend listening
to the recording which can be found on the agenda wiki page
<https://community.icann.org/x/VqujBg> .  The latest version of the Summary
Document is here
<https://docs.google.com/document/d/1Q6_DxsCvSA_3B7ArncO2U4tWNY3vH7Wi4nINrou
R4AI/edit#heading=h.j7jy935ryg4k>  (specifically Section 2.7.3 - currently
pages 14-20).

One of the action items from the call with to create a small sub-group to
discuss this issue further to see if it is possible to get a "compromise
position" of the Working Group on one of the options that were presented (or
any hybrid or new option).  We are seeking volunteers to serve on this small
group.  Please let us know if you would like to sign up for this group.

One word of caution:  This group is not being set up to rehash the arguments
for and against Closed Generics.  We have spent more than enough time on
that issue and the Summary Documents, combines with the Initial Report and
Public Comment Analysis referenced in the Summary Document we believe have
effectively captured all of that.  What we are looking for is whether there
is any solution that can address/mitigate the alleged harms expressed by
those that oppose Closed Generics.  We are trying to assess whether there is
an appetite in the group to compromise.  

If, after several weeks, we (the Leadership) do not believe there is such an
appetite, then we will close the small group down.  The last thing we want
to do is waste a lot of time discussing an issue that no side is willing to
give anymore on.  Although you should be familiar with the Summary Document,
please do not make any changes to that document at this time (other than
glaring errors).  The focus should be on finding a compromise (if there is
one to be reached).

To reiterate, this is a unique situation we have with this issue, because
there technically may not be a default position to fall back on.  Although
it is true that the Board decided to
<https://www.icann.org/resources/board-material/resolutions-new-gtld-2015-06
-21-en> temporarily not allow Closed Generics in 2012, the ICANN Board
expressly asked the GNSO to create policy on this matter.  The Board, in
deciding not to temporarily allow closed generics did not expressly endorse
any argument for or against closed generics, but rather made it clear that
this was an issue for the communti.

Therefore, if we cannot agree on a solution, it is not clear what the ICANN
Board would ultimately conclude was the default position.  It could be the
default was not allowing them or, alternatively, the default could be
allowing them because the AGB did not indicate a position on this one way or
another.

Please let us know ASAP if you would like to join this discussion.  We will
endeavor to get this list up by early next week and try to start discussing
the issues right away.

Best regards,

Jeff Neuman

Senior Vice President 

Com Laude | Valideus
1751 Pinnacle Drive 

Suite 600, McLean

VA 22102, USA

M: +1.202.549.5079

D: +1.703.635.7514

E:  <mailto:jeff.neuman at comlaude.com> jeff.neuman at comlaude.com
 <http://www.comlaude.com/> www.comlaude.com

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